A Discourse on the Study of the Law of Nature and Nations — John Shaqi
A Discourse on the Study of the Law of Nature and NationsMackintosh, James, Sir
Philosophy
A Discourse on the Study of the Law of Nature and Nations
Mackintosh, James, Sir
International law; Natural law
not damp his patriotism; the bitterness of controversy did not
extinguish his charity. The sagacity of his numerous and fierce
adversaries could not discover a blot on his character; and in the midst
of all the hard trials and galling provocations of a turbulent political
life, he never once deserted his friends when they were unfortunate, nor
insulted his enemies when they were weak. In times of the most furious
civil and religious faction he preserved his name unspotted, and he knew
how to reconcile fidelity to his own party, with moderation towards his
opponents. Such was the man who was destined to give a new form to the
law of nations, or rather to create a science, of which only rude
sketches and indigested materials were scattered over the writings of
those who had gone before him. By tracing the laws of his country to
their principles, he was led to the contemplation of the law of nature,
which be justly considered as the parent of all municipal law.[9] Few
works were more celebrated than that of Grotius in his own days, and in
the age which succeeded. It has, however, been the fashion of the last
half-century to depreciate his work as a shapeless compilation, in which
reason lies buried under a mass of authorities and quotations. This
fashion originated among French wits and declaimers, and it has been, I
know not for what reason, adopted, though with far greater moderation
and decency, by some respectable writers among ourselves. As to those
who first used this language, the most candid supposition that we can
make with respect to them is, that they never read the work; for, if
they had not been deterred from the perusal of it by such a formidable
display of Greek characters, they must soon have discovered that Grotius
never quotes on any subject till he has first appealed to some
principles, and often, in my humble opinion, though, not always, to the
soundest and most rational principles.
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